Accident Injury and Rehabilitation PC v. Azar et al
Plaintiff: Accident Injury and Rehabilitation PC
Defendant: Seema Verma and Alex M Azar, II
Case Number: 4:2018cv02173
Filed: August 7, 2018
Court: US District Court for the District of South Carolina
Office: Florence Office
County: Florence
Presiding Judge: Donald C Coggins
Referring Judge: A Marvin Quattlebaum
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 42:1395
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 27, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2018 Filing 29 OPINION AND ORDER granting #5 Motion for Preliminary Injunction. Signed by Honorable Donald C Coggins, Jr on 9/27/2018.(abuc)
September 20, 2018 Filing 28 TEXT ORDER: the Court finds good cause, as previously articulated, to keep the temporary relief set out in its #20 Order in effect until September 27, 2018, or until the Court rules on #5 Plaintiff's Motion for Preliminary Injunction, whichever occurs first. Signed by Honorable Donald C Coggins, Jr on 9/20/2018. (abuc)
August 31, 2018 Filing 27 Minute Entry. Proceedings held before Honorable Donald C Coggins, Jr: Motion Hearing held on 8/31/2018 regarding #5 MOTION for Preliminary Injunction filed by Accident Injury and Rehabilitation PC. Motion taken under advisement. For good cause, the temporary restraining order is extended, without the requirement of a bond, until 9/18/2018 for reasons as stated in the record. The Court will issue a ruling at the end of that time. In the meantime, parties to investigate a creative resolution to assist Plaintiff in survival until a hearing can be held. Court Reporter Karen Martin. (ncha, )
August 30, 2018 Filing 26 SUR REPLY to REPLY to Response to Motion re #5 MOTION for Temporary Restraining Order Response filed by Alex M Azar, II, Seema Verma. (Attachments: #1 Exhibit 1 - Declaration of Thomas Sorrells, #2 Exhibit 2 - Declaration of Patrick Clunan) Refiled to correct event type. (abuc)
August 29, 2018 Filing 24 REPLY to Response to Motion re #5 MOTION for Temporary Restraining Order Response filed by Accident Injury and Rehabilitation PC. (Wallace, R)
August 27, 2018 Filing 23 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order Response filed by Alex M Azar, II, Seema Verma.Reply to Response to Motion due by 9/4/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Drake, Beth)
August 24, 2018 Filing 22 NOTICE of Appearance by Beth Drake on behalf of Alex M Azar, II, Seema Verma (Drake, Beth)
August 21, 2018 Filing 21 NOTICE of Hearing on Motion: Motion Hearing re: #5 Motion for TRO set for Friday, 8/31/2018 01:00 PM in Spartanburg 2nd Floor, Donald S Russell Fed Bldg, 201 Magnolia St, Spartanburg before Honorable Donald C Coggins Jr. (alew, )
August 21, 2018 Filing 20 OPINION and ORDER granting #5 Motion for TRO as set out. Signed by Honorable Donald C Coggins, Jr on 8/21/18.(alew, ) (Main Document 20 replaced on 8/22/2018) (alew, ). Modified on 8/22/2018 to replace with corrected document per chambers (alew, ).
August 20, 2018 Filing 19 STATUS REPORT Joint Status Report by Accident Injury and Rehabilitation PC, Alex M Azar II, Seema Verma. (Wallace, R) Modified on 8/21/2018: to add joint filer as listed on document (kmca).
August 20, 2018 Filing 18 CERTIFICATE OF SERVICE by Accident Injury and Rehabilitation PC re #16 Additional Attachments to Main Document, Certificate of Service for Plaintiff's Supplemental Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction (Wallace, R) (Main Document 18 replaced with corrected document provided by filing user on 8/20/2018) (abuc).
August 19, 2018 Filing 17 NOTICE of Appearance by Barbara Murcier Bowens on behalf of Alex M Azar, II, Seema Verma (Bowens, Barbara)
August 17, 2018 Filing 16 Additional Attachments to Main Document #5 MOTION for Temporary Restraining Order . First attachment description: Plaintiff's Supplemental Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction . (Attachments: #1 Exhibit Medicare Program Integrity Manual, #2 Exhibit OIG Report)(Wallace, R)
August 13, 2018 Filing 14 Minute Entry: The Court held a phone conference with the parties to discuss Plaintiffs Verified Complaint and Motion for a Temporary Restraining Order. The Court directed the Plaintiff to review the filings to ensure that all personal identifiers and HIPAA information is properly redacted and to file redacted documents within the next ten days. The Court further directed counsel to consult with their clients and with each other within the next ten days to discuss the possibility of settlement negotiations through mediation or direct negotiation. Finally, the Court directed the parties to file a joint status report at the conclusion of the ten-day period. (alew, )
August 13, 2018 Filing 13 NOTICE of Cancellation of Hearing: Telephone Status Conference set for Monday, 8/13/2018, at 01:00 PM before Honorable A Marvin Quattlebaum Jr. (swel, )
August 10, 2018 Filing 12 CERTIFICATE OF SERVICE by Accident Injury and Rehabilitation PC re #1 Complaint,,, (Attachments: #1 Certificate of Service)(Wallace, R)
August 10, 2018 Filing 11 Case Reassigned to Judge Honorable Donald C Coggins, Jr. Judge Honorable R Bryan Harwell no longer assigned to the case. (glev, )
August 10, 2018 Filing 10 Case Reassigned to Judge Honorable R Bryan Harwell. Judge Honorable A Marvin Quattlebaum, Jr no longer assigned to the case. (glev, )
August 9, 2018 Filing 9 Summons Issued as to Alex M Azar, II, Seema Verma, U.S. Attorney and U.S. Attorney General. (swel, )
August 8, 2018 Filing 8 TEXT ORDER re : The plaintiff is hereby ordered to serve the defendants with the Complaint, Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support of Plaintiff's Motion (ECF Nos. 1, 5, and 5-6) by August 9, 2018. The Court will order a telephonic status conference on August 13, 2018 at 1:00 pm to discuss the schedule for briefing and a hearing. The plaintiff is ordered to notify the defendants of the telephone status conference. Signed by Honorable A Marvin Quattlebaum, Jr on 8/8/18. (swel, )
August 8, 2018 Filing 7 NOTICE of Hearing: Telephone Status Conference set for Monday, 8/13/2018, at 01:00 PM before Honorable A Marvin Quattlebaum Jr. Plaintiff shall initiate the conference and provide Chambers with a call in telephone number and access code.(swel, )
August 8, 2018 Filing 6 CERTIFICATE OF CONSULTATION byAccident Injury and Rehabilitation PC re #5 MOTION for Temporary Restraining Order . (Wallace, R)
August 8, 2018 Filing 5 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Accident Injury and Rehabilitation PC. Response to Motion due by 8/22/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit Affidavit of Dr. Steven McKay, #2 Affidavit Affidavit of Jennifer McKay, #3 Affidavit Affidavit of Sarah Richardson, #4 Affidavit Affidavit of Frank D. Cohen, #5 Affidavit Affidavit of David Klein, #6 Memo in Support Memorandum in Support of Plaintiff's Motion for Temporary Restraining Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Wallace, R) Additional attachments filed as separate entry #16 on 8/17/2018 (abuc). Added MOTION for Preliminary Injunction on 9/27/2018 (abuc).
August 7, 2018 Filing 3 Local Rule 26.01 Answers to Interrogatories by Accident Injury and Rehabilitation PC. (lsut, )
August 7, 2018 Filing 1 VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION against Alex M Azar, II and Seema Verma (filing fee $400 receipt number 0420-7930538), filed by Accident Injury and Rehabilitation PC. (Attachments: #1 Supporting Documents - Verification of Steven McKay, #2 Exhibit 1 - NCI ltr dated July 1 2013, #3 Exhibit 2 - NCI ltr dated November 2 2014, #4 Exhibit 3 - NCI ltr dated June 8 2015, #5 Exhibit 4 - CMS ltr dated August 20 2015, #6 Exhibit 5 - CMS ltr dated September 17 2015, #7 Exhibit 6 - Medicare Reconsideration Decision dated March 10 2016, #8 Exhibit 7 - Medicare Reconsideration Decision dated January 14 2016, #9 Exhibit 8 - Department of Health and Human Services Budget, #10 Exhibit 9 - Department of The Treasury ltr dated May 16 2016) (lsut, ) (Attachment 2 replaced on 8/14/2018) (alew, ). (Attachment 6 replaced on 8/14/2018) (alew, ). Modified on 8/14/2018 to replace with corrected documents per attorney request (alew, ). (Attachment 6 replaced on 8/14/2018) (alew, ). Modified on 8/14/2018 to replace with corrected document per attorney request (alew, ).

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Plaintiff: Accident Injury and Rehabilitation PC
Represented By: Cheryl D Shoun
Represented By: R Bruce Wallace
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Defendant: Seema Verma
Represented By: Beth Drake
Represented By: Barbara Murcier Bowens
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Defendant: Alex M Azar, II
Represented By: Beth Drake
Represented By: Barbara Murcier Bowens
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